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Following a six-week hearing, the National Operations Manager of a company has been found guilty of a category 1 offence, the most serious under Heavy Vehicle National Law, for breaching their primary duty as an operator and is set to be sentenced on 23 January, facing a possible two-year custodial sentence.
The charges were laid by the National Heavy Vehicle Regulator (NHVR) in September 2021 following an extensive investigation led by Victoria Police through Taskforce Paragon.
Taskforce Paragon was established to investigate an incident on the Eastern Freeway in Melbourne, where a heavy vehicle hit and killed four Victoria Police officers while they were conducting a roadside intercept on 22 April 2020.
NHVR Executive Director Statutory Compliance, Raymond Hassall, says the collaboration between NHVR and Victoria Police ensured a positive safety outcome for the heavy vehicle industry.
“This outcome demonstrates the power of the HVNL – with the incident occurring in Victoria, the company being based out of NSW, and having employees right across Australia, the matter was able to be heard from a national perspective,” Mr Hassall said.
“It was also found that they were a party in the Chain of Responsibility (CoR) as an operator, sending a strong message to executives across the heavy vehicle industry that their obligation is to keep their people and all road users safe.”
NHVR Director of Prosecutions, Belinda Hughes stressed the importance of executives having the systems and procedures in place to support safety in their organisation – including for fatigue management.
“We urge all companies to review what they have in place to manage the fatigue of their drivers. Is it working, is it effective?” Ms Hughes said.
“Fatigue is a serious issue that can result in significant injury or death. It is your legal duty to support your drivers in their fatigue management.”
“Our thoughts are with the families of the four officers involved.”
The NHVR will continue its enforcement of the HVNL, ensuring that such incidents are not repeated, and that road safety is maintained at the highest level.
The matter was heard on Monday, 4 December, at Downing Centre Court in New South Wales.
For more information see fatigue management and work diary.
In cases where drivers feel pressured to operate while fatigued, they are encouraged to call the Heavy Vehicle Confidential Reporting Hotline at 1800 931 785.